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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 24 April 2017 at 19:15)
Part 5 Division 4
Division 4 Powers to support seizure
95   Directions relating to seizure
(1)  To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it:
(a)  to take it to a specified place within a specified time, and
(b)  if necessary, to remain in control of it at the specified place for a period specified in the direction.
(2)  A direction under subsection (1):
(a)  must be given by signed notice in writing given to the person, or
(b)  if for any reason it is not practicable to give a signed notice in writing to the person, may be given orally and confirmed by signed notice in writing given to the person as soon as is practicable.
(3)  A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.
(4)  If a rail safety officer has directed a person to take a thing to a specified place within a specified time under subsection (1), a rail safety officer may direct the person to return the thing to the place from which it was taken.
(5)  A person given a direction under this section must comply with that direction unless the person has a reasonable excuse.
Maximum penalty: 100 penalty units.
(6)  Without limiting what may otherwise be a reasonable excuse, it is a reasonable excuse for a person in control of a thing not to comply with a direction under this section if, in all the circumstances, the direction was unreasonable.
(7)  In this section:
in control of a thing means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing.
96   Receipt for seized things
(1)  After a rail safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing.
(2)  However, if for any reason it is not practicable to comply with subsection (1), the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
(3)  The receipt must describe generally the thing seized and its condition.
(4)  This section does not apply if it would be impracticable or unreasonable to expect the officer to account for the thing, given its condition, nature or value.
97   Access to seized thing
(1)  Until a seized thing is forfeited or returned, a rail safety officer must allow its owner to inspect it and, if it is a document, to copy it.
(2)  Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.
98   Embargo notices
(1)  This section applies where:
(a)  a rail safety officer is authorised to seize any record, device or other thing under this Part, and
(b)  the record, device or other thing cannot, or cannot readily, be physically seized and removed.
(2)  A rail safety officer may issue an embargo notice under this section.
(3)  An embargo notice is a notice forbidding the use, movement, sale, leasing, transfer, deletion of information from or other dealing with the record, device or other thing, or any part of it, without the written consent of a rail safety officer or the ITSRR.
(4)  The embargo notice must:
(a)  contain the particulars required by the regulations, and
(b)  list the activities that it forbids, and
(c)  set out a copy of subsection (9).
(5)  On issuing an embargo notice, a rail safety officer must:
(a)  cause a copy of the notice to be served on the owner of the record, device or other thing, or
(b)  if that person cannot be located after all reasonable steps have been taken to do so, affix a copy of the notice to the record, device or other thing in a prominent position.
(6)  A person must not do anything that the person knows is forbidden by an embargo notice.
Maximum penalty: 750 penalty units.
(7)  A person must not instruct or request another person to do anything that the person making the instruction or request knows is forbidden by an embargo notice.
Maximum penalty: 750 penalty units.
(8)  It is a defence to a prosecution for an offence against subsection (6) to establish that the defendant:
(a)  moved the record, device or other thing, or part of it, for the purpose of protecting or preserving it, and
(b)  notified the rail safety officer who issued the embargo notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.
(9)  A person on whom an embargo notice has been served must take reasonable steps to prevent another person from doing anything forbidden by the embargo notice.
Maximum penalty: 750 penalty units.
(10)  Despite anything to the contrary in any other Act or at law, a sale, lease, transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section is void.